Research › Search › Judgment

Kerala High Court · body

2015 DIGILAW 393 (KER)

PADMAKUMAR P. v. STATE OF KERALA

2015-04-10

P.R.RAMACHANDRA MENON

body2015
Judgment The petitioner has approached this Court with the following prayers :- "(a) To issue a writ of certiorari quashing Exhibit P8 and P9; (b) To issue a writ of mandamus or any other writ order or direction directing the 3rd respondent to accept Ext-P3 notice of the intended marriage between the petitioner and Miss. Tina Wittmann and register the same in accordance with the provisions of the Special Marriage Act, 1954; (c) To issue such other appropriate writ order or directions as deemed necessary in the nature of this case including the costs of the petitioner in these proceedings." 2. The learned counsel for the petitioner submits that the petitioner with intent to marry Miss. Tina Wittmann, a German citizen, though has sought to give a notice of intended marriage under Section 5 of the Special Marriage Act, 1954 on 25.03.2015 vide Ext. P3, the same was refused to be accepted by the 3rd respondent/the Marriage Officer and Sub Registrar, referring to Ext. P9 Circular dated 08.08.2014. It is pointed out that both the petitioner and the groom satisfy all the mandates prescribed under the Special Marriage Act and as such, notice submitted by the petitioner ought to have been accepted by the third respondent. The learned counsel for the petitioner submits that, as per the law declared by this Court in Rajeev Vs. State of Kerala [2001 (1) KLT 578], even if one of the parties is not an Indian citizen, the marriage can be solemnized under the Special Marriage Act. 3. Heard the learned Government Pleader as well. 4. After hearing both the sides and in view of the decision cited supra, this Court finds that, there cannot be any prohibition for solemnization of marriage under the Special Marriage Act. But the parties have to comply with the mandatory requirements provided under Sections 5 and 6(3) of the said Act. The petitioner has already submitted Ext. P3 notice under Section 5 of the Act. Ext.P5 is the 'single status' certificate issued of the authorities in Germany, in respect of the Miss. Tina Wittmann. 5. In the said circumstances, the writ petition is disposed of directing the 3rd respondent to accept Ext.P3 notice of intended marriage and take appropriate steps to solemnize the marriage of the petitioner with Miss. Tina Wittmann in accordance with law reckoning the notice of marriage on 25.03.2015. 6. Tina Wittmann. 5. In the said circumstances, the writ petition is disposed of directing the 3rd respondent to accept Ext.P3 notice of intended marriage and take appropriate steps to solemnize the marriage of the petitioner with Miss. Tina Wittmann in accordance with law reckoning the notice of marriage on 25.03.2015. 6. The petitioner shall produce a copy of this judgment along with copy of the writ petition before the third respondent for further steps. The writ petition is disposed of.